Punjab-Haryana High Court
Mukesh Kumar vs State Of Haryana on 5 March, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:033508
CRM-M-9917-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-9917-2024
Date of Decision: 05.03.2024
Mukesh Kumar ...Pe!!oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Kamal Kumar Mor, Advocate
for the pe!!oner.
Mr. Vikrant Pamboo, Sr. D.A.G., Haryana.
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ANOOP CHITKARA, J.
FIR No. Dated Police Sta!on Sec!ons 18 12.12.2023 ACB Rohtak, District An! Sec!on 7 of PC Act, 1988 Corrup!on Bureau Haryana
1. The pe!!oner apprehending arrest in the FIR cap!oned above, has come up before this Court under Sec!on 438 CrPC seeking an!cipatory bail.
2. Vide order dated 26.02.2024, this Court had granted interim an!cipatory bail to the pe!!oner and the said order is con!nuing !ll date.
3. FIR in ques!on was registered based on a complaint filed by one Anand @ Kala which reads as follows: -
"It is submi ed that I Anand Kala son of Sh. Bhagwan is resident of House No. 1282/01, Rajiv Colony, Rohtak. I have business of transport. I have private buses. I have got the permi o ply buses on Rohtak to Sonipat via Kharkhonda route. The Joint ,me table of Haryana Roadways buses has been issued by RTA Rohtak alongwith my buses. I ply my buses as per the ,me table issued by RTA Rohtak. Ashok of village Lakhan Majra and Jasmer village LakhanMajra, both conductors who are posted as advancers at counter, who issued ,ckets on counter stand of Roadways buses in Sonipat Bus stand, get parked the buses of Haryana Roadways plying near my by ,ming by asking the drivers and conductors, due to which I am very much disturbed. They demand a sum of Rs. 200-200 each in lieu of every bus from me.1
1 of 5 ::: Downloaded on - 08-03-2024 00:22:10 ::: Neutral Citation No:=2024:PHHC:033508 CRM-M-9917-2024 They had been taking Rs 200-200from me earlier through agent Kala resident of village Gopalpur, Sonipat. I did not give money once, whereupon they got issued challan of my buses. Therea2er my conductor Sanjay made a call on whatsapp and talked to conductor Jasmer in Depot Sonipat resident of village lakhan Majrain this regard, whereupon he told me that they have to give money to Rahul Jain, GM and told me that I should keep on giving money and enjoy. In this regard, my bus conductor Sanjay told me, whereupon I personally went to Sonipat and agent Kala of village Gopalpur, Sonipat and conductor Ashok of Sonipat Depot resident of village Lakhan Majra met me si4ng at counter of Bus stand Rohtak. Firstly, I talked to agent Kala, whocollects moneyat the rate of per bus, who told me that he collects all the money of buses and give the same to conductor Ashok and Jasmer posted in Sonipat Depot. Therea2er I met conductor Ashok of Haryana Roadways Depot Sonipat and talked to him, whereupon I told him that I do not want to give Rs. 200-200 per bus everyday and I shall give lumpsum money once in a month whether my bus plies or not and he should se le the deal for Rs. 10000/- per month. conductor Ashok of Haryana Roadways Depot Sonipat stated that he would talk to GM and tell me, because half of money is to be given to Rahul Jain, GM A2er some ,me Kala agent asked me to give Rs. 12000/- at the rate of total Rs. 400 per day for 30 days and Ashok conductor of Haryana Roadways Depot Sonipa old me that he had talked to Sahib and if I did not give money then my buses would not be given much ,me at counter and our challans would be got issued forcibly by calling RTA Sonipat, because RTA Sonipat is close to General Manager and asked me to give Rs. 12000/-. I told him that I was not having money. I do not want to give bribe money to him. I have audio recording regarding bribe transac,on dated 31.10.2023 between my bus conductor/Munshi Sanjay and Jasmer, Conductor Sonipat Depoton whatsapp call and other recording dated 4.12.2023 between me and agent Kala resident of Dipalpur District Sonipat through recording device. I have produced the three audio recordings by saving in a pen drive of 15 GB of red color of mark Scandisk company before you. I had recorded the said audio earlier because I wanted to get catch hold of these corrupt officials and agent red handed, who could not be 2 2 of 5 ::: Downloaded on - 08-03-2024 00:22:10 ::: Neutral Citation No:=2024:PHHC:033508 CRM-M-9917-2024 apprehended red handed due to some reason. Therefore, I am submi4ng the above men,oned complaint together with recording. It is requested to ini,ate legal ac,on against above said corrupt officials and agent for demanding bribe money."
4. I have heard counsel for the par!es and have gone through the record.
5. The pe!!oner seeks bail on parity with the bail granted to the co-accused. Second ground is that complaint should have been filed before that if the extor!on was going on for the last two years and the money was being taken from 40-50 buses. Counsel for the pe!!oner submits that if the State had allowed the extor!on to con!nue for such a long !me, it shows the failure of the state machinery, but on this ground, the pe!!oner, who was allegedly a tout, should not be denied bail. Counsel for the pe!!oner further submits that the en!re extor!on might have been going on for 02 years, but there is no evidence that the pe!!oner was working as a tout of the conductors for such a long period. He further submits that the failure of the Haryana Roadways Management who permiCed corrupt conductors to extort money, and now the en!re burden is being shiDed upon the pe!!oner by showing him as a tout.
6. State counsel is opposing the bail by referring to the status report and has referred to the following por!on of the status report which reads as follows:-
"5. That during the course of inves,ga,on, a Pen drive containing his own and audio recording of Ashok conductor of Haryana Roadways Depot Sonipat and Kala regarding bribe money and whatsapp call voice recording of his conductor/Munsi Sanjay and Jasmer conductor Sonipat Depot produced by the complainant were taken into possession vide recovery memo. Translated copies of descrip,on of audio recording of Ashok conductor of Haryana Roadways Depot Sonipat and Kala regarding bribe money and whatsapp call voice recording of his conductor/Munsi Sanjay and Jasmer conductor Sonipat Depot are annexed herewith as Annexures R-1 to R-3 respec,vely.
6. That during the course of inves,ga,on, 15.12.2023, statement of the complainant and his conductor namely Sanjay, U/s 164 Cr.P.C. was recorded before the Ld. Area Magistrate, Sonipat.
7. That during the course of inves,ga,on, on15.12.2023, the inves,ga,ng agency moved an applica,on for taking voice samples of the complainant and his conductor before the Ld. Area 3 3 of 5 ::: Downloaded on - 08-03-2024 00:22:10 ::: Neutral Citation No:=2024:PHHC:033508 CRM-M-9917-2024 Magistrate, Sonipat, which was allowed but the voice samples of the complainant and his conductor have not been obtained yet.
8. That during the course of inves,ga,on, raids were conducted at the address of the accused Jasmer and Ashok but could not be arrested.
9. That during the course of inves,ga,on, the pe,,oner i.e. Mukesh Kala moved separate applica,ons for an,cipatory bail before the court of Ld. A.S.J., Sonipat which were dismissed vide order dated 15.02.2024 against which the pe,,oner moved before this Hon'ble High court vide present pe,,on.
10. That the Hon'ble High court was pleased to grant interim order in present an,cipatory bail to the present pe,,oner vide order dated 26.02.2024, consequently upon which the pe,,oner could not join the inves,ga,on in the case on 01.03.2024 although pe,,oner come present to the inves,ga,ng officer but could not comply with terms and condi,ons men,oned in order dated 26.02.2023 passed by this Hon'ble Court.
11. That apart from the present FIR, as per record no other FIR is found registered against the pe,,oner.
12. That it is per,nent to men,on here that a Pen drive containing Descrip,on of conversa,on that took place on mobile phone on 4-12-2023 between Complaint Anand Alias Kala in this case and accused Dalal Kala i.e. (pe,,oner) Depalpur Sonipat, In regard of the transac,on of Transac,on of bribe amount(Annexure R-3) and perusal of the same shows that pe,,oner i.e. Mukesh @ Kala is one of the main accused who has been specifically named in the FIR and as well as in the statement of complainant and his conductor namely Sanjay, U/s 164 Cr.P.C. which was recorded before the Ld. Area Magistrate, Sonipat and perusal of the above men,oned record clearly shows that co-accused used to get amount of bribe only through the present pe,,oner, who used to take amount of bribe from the complainant."
7. An analysis of the arguments and pleadings would lead to the following outcome.
8. Although there is evidence of the pe!!oner working as a tout of the conductors, it must be retained sight of the fact that the Haryana Roadways Management and employees either miserably failed in their duty to monitor or alterna!vely despite 4 4 of 5 ::: Downloaded on - 08-03-2024 00:22:10 ::: Neutral Citation No:=2024:PHHC:033508 CRM-M-9917-2024 knowing about the extor!on remained mute spectators or were involved. The pe!!oner is not an employee of Haryana Roadways but is shown as a tout. Thus, given that the fault prima facie lies with the failure of the Roadways to manage its system, the pe!!oner cannot be denied bail to fix a cracked system.
9. Given above, the pe!!on is allowed. Interim order dated 26.02.2024 is made absolute. All pending applica!ons, if any, stand disposed.
10. The concerned DySP is directed to send a downloaded copy of this order as well as of FIR, with in fiDeen days, to the concerned Managing Director /Chief Execu!ve Officer of the Haryana Roadways, so that they do not say that they were unaware of the extor!on and cracks in their system.
(ANOOP CHITKARA)
JUDGE
05.03.2024
Jyo! Sharma
Whether speaking/reasoned: Yes
Whether reportable: YES.
Neutral Citation No:=2024:PHHC:033508
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